Elimination of Trustee Area Election
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California Department of EducationExecutive Office
SBE-005 General (REV.08/2014) / ITEM #W-08
CALIFORNIA STATE BOARD OF EDUCATION
SEPTEMBER 2015 AGENDAGeneral Waiver
SUBJECT
Request by four school districtsto waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.Waiver Numbers:Buena Park Elementary School District 14-6-2015
Centralia Elementary School District 16-6-2015
Newhall School District1-8-2015
Oxnard School District 13-6-2015 /
Action
Consent
SUMMARY OF THE ISSUES
School districts that elect governing board members at-large are facing existing or potential litigation under the California Voting Rights Act of 2001 (CVRA). Pursuant to the California Education Code (EC), a district can change from at-large elections to
by-trustee-area elections only if the change is approved by both the County Committee on School District Organization (County Committee) and voters at a districtwide election.
To reduce the potential for litigation and to establish by-trustee-area elections as expeditiously as possible, the Buena Park Elementary School District (SD), the Centralia ElementarySD[1], the Newhall SD, andthe OxnardSD request thatthe California State Board of Education (SBE) waive the requirement that by-trustee-area election methods be approved at districtwide elections—allowing by-trustee-area elections to be adopted upon review and approval of the County Committees.
Authority for Waiver:EC Section 33050
RECOMMENDATION
Approval Approval with conditions Denial
The California Department of Education (CDE) recommends the SBE approve the requests bythe Buena Park Elementary SD, the Centralia Elementary SD, the Newhall SD, and the Oxnard SD to waive ECSection 5020, and portions of sections 5019, 5021, and 5030, which require a districtwide election to approve a by-trustee-area method of election.
SUMMARY OF KEY ISSUES
Approval of these waiver requests would eliminate the election requirement for approval of trustee areas and a by-trustee-area method of election for future governing board elections inthe four school districts. Voters in the districts will continue to elect all board members—however, if the waiver requests are approved, all board members will be elected by trustee areas, beginning with the next board elections.
County Committees have the authority to approve or disapprove the adoption of trustee areas and methods of election for school district governing board elections. Pursuant to EC Section 5020, County Committee approval of trustee areas and election methods constitutes an order of election; thus, voters in the districts have final approval.
Many districts in California are facing existing or potential litigation under the CVRA over their at-large election methods. To help avoid potential litigation, the four school districts aretaking action to establish trustee areas and adopt by-trustee-area election methods. In order to establish these trustee areas and the methods of election as expeditiously as possible, the districtsare requesting that theSBE waive the requirement that the trustee areas and the election methods be approved at districtwide elections. If the SBE approves the waiver requests, districtwide elections for the four school districtswill not be required and by-trustee-area election methods can be adopted in the districts upon review and approval of the County Committees.
Only the elections to establish trustee areas and election methods will be eliminated by approval of the waiver requests—voters in the school districts will continue to elect all governing board members. Moreover, approval of the waiver requests will not eliminate any existing legal rights of currently seated board members.
The waiver requests have been reviewed by the CDE and it has been determined that there was no significant public opposition to the waivers at the public hearings held by the governing boards of the districts. The CDE has further determined that none of the grounds specified in EC Section 33051, which authorize denial of a waiver, exist. The CDE recommends the SBE approve the requests by the Buena Park Elementary SD, the Centralia Elementary SD, the Newhall SD, and the Oxnard SD to waive ECSection 5020, and portions of sections 5019, 5021, and 5030, which require a districtwide election to approve a by-trustee-area method of election.
Demographic Information:
The Buena Park Elementary SD has a student population of 5,100 and is located in an urban area in Orange County.
The Centralia Elementary SDhas a student population of 579 and is located in a small city in Orange County.
The Newhall SDhas a student population of 6,720 and is located in an urban area in Los Angeles County.
The OxnardSDhas a student population of 16,500 and is located in asmall city in Ventura County.
Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC 33051(a), available at
SUMMARY OF PREVIOUS STATEBOARD OF EDUCATION DISCUSSION AND ACTION
The SBE has approved more than 115 similar waivers—most recently for the Val Verde UnifiedSD (Riverside County) at the July 2015 SBE meeting.
FISCAL ANALYSIS (AS APPROPRIATE)
Approval of the waiver requests will not have negative fiscal effects on any local or state agency. Failure to approve the requests will result in additional costs to the Buena Park Elementary SD, the Centralia Elementary SD, the Newhall SD, and the Oxnard SDfor districtwide elections.
ATTACHMENT(S)
Attachment 1: Summary Table(2 pages)
Attachment 2: Buena Park Elementary School District General Waiver Request
14-6-2015(7 pages).(Original waiver request is signed and on file in the Waiver Office.)
Attachment 3: Centralia Elementary School District General Waiver Request 16-6-2015
(8 pages).(Original waiver request is signed and on file in the Waiver Office.)
Attachment 4: Newhall School District General Waiver Request 1-8-2015 (6 pages). (Original waiver request is signed and on file in the Waiver Office.)
Attachment 5: OxnardSchool District General Waiver Request13-6-2015(6 pages).(Original waiver request is signed and on file in the Waiver Office.)
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Summary Table
Waiver Number / District / Period of Request / Bargaining Unit, Representatives Consulted, Date, and Position / Public Hearing and Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position14-6-2015 / Buena Park Elementary School District / Requested:
January 1, 2015
to
December 31, 2016
Recommended:
January 1, 2015
to
December 30, 2016 / Buena Park Teachers Association,
Bob Mize
President
4/13/15
Neutral
California School Employees Association,
JoAnn Butcher
President
4/13/15
Neutral / 4/27/2015 / The public hearing notice was posted in a newspaper of general circulation and at all schools. / Reviewed by District English Language Advisory Committee and all Schoolsite Councils
3/15/2015
No objections
16-6-2015 / Centralia Elementary School District / Requested:
January 1, 2015
to
December 31, 2016
Recommended:
January 1, 2015
to
December 30, 2016 / Centralia Education Association,
Rhodia Shead
President
5/4/15
Support
California School Employees Association,
Lisa Pellicano
President
4/27/15
Support / 6/16/2015 / The public hearing notice was posted in a newspaper, at all schoolsites, and on the district Webpage and school pages. / Reviewed by District English Language Acquisition Committee 4/29/2015; Parent/Teacher Association
5/18/15;
English Language Acquisition Committees and all Schoolsite Councils
4/28-5/20/2015
No objections
Summary Table
Waiver Number / District / Period of Request / Bargaining Unit, Representatives Consulted, Date, and Position / Public Hearing and Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position1-8-2015 / Newhall School District / Requested:
May26, 2015
to
April 1, 2017
Recommended:
May26, 2015
to
April 1, 2017 / Newhall Teachers Association,
Melanie Musella
Co-President
4/29/15
Support
Newhall Educational Support Professionals,
Ric Seal
President
4/29/15
Support / 5/5/2015 / The public hearing notice was posted in a newspaper, at all schoolsites, at the District office, and on the District Webpage. / Reviewed by English Learner Advisory Committees, Parent Teacher Association/ Parent Teacher Organization, and all Schoolsite Councils 4/30/2015
No objections
13-6-2015 / Oxnard School District / Requested:
September 1, 2015
to
August 31, 2017
Recommended:
September 1, 2015
to
August 30, 2017 / Oxnard Educators Association,
Robin Lefkovits
President
6/10/15
Support
California School Employees Association,
Jabbar Wofford
President
6/9/15
Support
Oxnard Supportive Services Association,
Andrea Bleecher
President
6/9/15
Support / 5/6/2015 / The public hearing was noticed in a newspaper. / Reviewed by the Districtwide Parent Advisory Committee on 6/9/2015
No objections
Created by California Department of Education
July 2, 2015
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California Department of Education
WAIVER SUBMISSION - General
CD Code: 3066456Waiver Number: 14-6-2015Active Year: 2015
Date In: 6/18/2015 4:12:10 PM
Local Education Agency: Buena Park Elementary School District
Address: 6885 Orangethorpe Ave.
Buena Park, CA90620
Start: 1/1/2015End: 12/31/2016
Waiver Renewal: N
Previous Waiver Number: Previous SBE Approval Date:
Waiver Topic: School District Reorganization
Ed Code Title: Elimination of Election Requirement
Ed Code Section: Portions of 5019,5021,5030, and all of 5020
Ed Code Authority: 33050 through 33053
Ed Code or CCR to Waive: See Attachment A herewith
Outcome Rationale: The Buena Park School District desires to have the requested Education Code sections waived because the waiver of these sections will allow the District to successfully adopt trustee areas and establish a by-trustee election process as expeditiously as possible, thereby enabling the District to avoid litigation resulting out of its current at-large election process for electing its governing board members.
It is imperative that the District adopt these areas and establish this process without delay and without interference because like many of the school districts that have been threatened with lawsuits under the California Voting Rights Act of 2001 (“CVRA”), the District currently utilizes an at-large election process to elect its governing board members. The District’s failure to successfully adopt and implement trustee areas and a by-trustee area election process leaves it vulnerable to such litigation in which the District would be exposed to potentially having to pay significant attorneys’ fees to plaintiffs, which would pose an undue hardship and extreme detriment to the District and its students.
CVRA History
The California Legislature enacted the California Voting Rights Act of 2001. (See California Elections Code §§ 14025-14032). This legislation makes all at-large election systems in California for cities, school districts and special districts vulnerable to legal attack, largely on proof of racially polarized voting, regardless of whether a majority district can be formed and, under the interpretation adopted by plaintiffs in other pending CVRA cases, without regard to the electoral success of minority candidates or the need to prove actual racial injury exists.
The CVRA purports to alter several requirements that plaintiffs would have to prove under the Federal Voting Rights Act, thereby making it easier to challenge at-large election systems.
The first suit under the CVRA was filed against the City of Modesto in 2004. Modesto challenged the facial constitutionality of the CVRA on the basis that, by using race as the sole criterion of liability, the CVRA contains a suspect racial classification that California was required to justify under equal protection strict scrutiny standards. The trial court struck down the statute but the California Court of Appeal reversed. (Sanchez v. City of Modesto (2006) 145 Cal.App.4th 660).
The City of Modesto ultimately settled the litigation, but not before paying plaintiffs $3 million dollars in attorneys’ fees to plaintiffs’ attorneys (the prevailing party [other than a public agency] is entitled to an award of their attorneys’ fees and costs under the CVRA) and another $1.7 million to its own attorneys.
Similarly, the Hanford Joint Union High School District was sued under the CVRA and after adopting trustee areas and establishing by-trustee area elections (and requesting and receiving the same waiver from the State Board of Education that is being requested here), paid plaintiffs in that lawsuit the sum of $110,000 pursuant to a settlement agreement. Most recently, the Madera Unified School District has been sued under the CVRA and their November 2008 governing board member election was enjoined by the court. The Plaintiffs in that case demanded $1.8 million in attorneys’ fees from that District, though that amount was subsequently reduced by the trial court and upheld on appeal.
Normally, under Education Code section 5020, the County Committee on School District organization, after conducting its own public hearing on the recommended plans, would call for an election and put the matter to a vote of the District’s electors. However, going through an election process would prevent the District from electing successor trustees in a timely manner and leaves the District vulnerable to a lawsuit and injunction.
The requested waiver will allow the District to complete its transition to a by-trustee area election process in time to for the next governing board member election which will reduce the District’s liability under the CVRA going forward.
Student Population: 5100
City Type: Urban
Public Hearing Date: 4/27/2015
Public Hearing Advertised: Newspaper of general circulation and posted at schools
Local Board Approval Date: 4/27/2015
Community Council Reviewed By: School site Councils District English language advisory council
Community Council Reviewed Date: 3/15/2015
Community Council Objection: N
Community Council Objection Explanation:
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Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Mr.GregMagnuson
Position: Superintendent
E-mail:
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Telephone: 714-736-4241
Fax:
Bargaining Unit Date: 04/13/2015
Name: Buena Park Teachers Association
Representative: Bob Mize
Title: President
Position: Neutral
Comments:
Bargaining Unit Date: 04/13/2015
Name: California School Employees Association, Chapter #569
Representative: JoAnn Butcher
Title: President
Position: Neutral
Comments:
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Attachment A
6. Education Code or California Code of Regulations section to be waived
The Buena Park School District desires to waive the following sections and portions of the Education Code lined out below:
§ 5019. Trustee areas and size of school district governing boards; powers of city committee; proposal and hearing
(a) Except in a school district governed by a board of education provided for in the charter of a city or city and county, in any school district or community college district, the county committee on school district organization may establish trustee areas, rearrange the boundaries of trustee areas, abolish trustee areas, and increase to seven or decrease to five the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030.
(b) The county committee on school district organization may establish or abolish a common governing board for a high school district and an elementary school district within the boundaries of the high school district. The resolution of the county committee on school district organization approving the establishment or abolition of a common governing board shall be presented to the electors of the school districts as specified in Section 5020.
(c) (1) A proposal to make the changes described in subdivision (a) or (b) may be initiated by the county committee on school district organization or made to the county committee on school district organization either by a petition signed by 5 percent or 50, whichever is less, of the qualified registered voters residing in a district in which there are 2,500 or fewer qualified registered voters, by 3 percent or 100, whichever is less, of the qualified registered voters residing in a district in which there are 2,501 to 10,000 qualified registered voters, by 1 percent or 250, whichever is less, of the qualified registered voters residing in a district in which there are 10,001 to 50,000 qualified registered voters, by 500 or more of the qualified registered voters residing in a district in which there are 50,001 to 100,000 qualified registered voters, by 750 or more of the qualified registered voters residing in a district in which there are 100,001 to 250,000 qualified registered voters, or by 1,000 or more of the qualified registered voters residing in a district in which there are 250,001 or more qualified registered voters or by resolution of the governing board of the district. For this purpose, the necessary signatures for a petition shall be obtained within a period of 180 days before the submission of the petition to the county committee on school district organization and the number of qualified registered voters in the district shall be determined pursuant to the most recent report submitted by the county elections official to the Secretary of State under Section 2187 of the Elections Code.
(2) When a proposal is made pursuant to paragraph (1), the county committee on school district organization shall call and conduct at least one hearing in the district on the matter. At the conclusion of the hearing, the county committee on school district organization shall approve or disapprove the proposal.
(d) If the county committee on school district organization approves pursuant to subdivision (a) [the rearrangement of the] boundaries of trustee areas for a particular district, then the [rearrangement of the] trustee areas shall be effectuated for the next district election occurring at least 120 days after its approval[, unless at least 5 percent of the registered voters of the district sign a petition requesting an election on the proposed rearrangement of trustee area boundaries. The petition for an election shall be submitted to the county elections official within 60 days of the proposal's adoption by the county committee on school district organization. If the qualified registered voters approve pursuant to subdivision (b) or (c) the rearrangement of the boundaries to the trustee areas for a particular district, the rearrangement of the trustee areas shall be effective for the next district election occurring at least 120 days after its approval by the voters.]
[§ 5020. Presentation of proposal to electors
(a) The resolution of the county committee approving a proposal to establish or abolish trustee areas, to adopt one of the alternative methods of electing governing board members specified in Section 5030, or to increase or decrease the number of members of the governing board shall constitute an order of election, and the proposal shall be presented to the electors of the district not later than the next succeeding election for members of the governing board.